Adverse possession - Revision history

Editor at 10:10, 22 April 2024

2024-04-22T10:10:20Z

← Older revision		Revision as of 10:10, 22 April 2024
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	The ‘twelve-year rule’ means that if a person has been in possession of unregistered land for 12 years, then they can acquire legal title to the land. This means that subsequent purchasers can have certainty about their title. The obligation on owners is to check their land at least every 12 years.		The ‘twelve-year rule’ means that if a person has been in possession of unregistered land for 12 years, then they can acquire legal title to the land. This means that subsequent purchasers can have certainty about their title. The obligation on owners is to check their land at least every 12 years.

−	This 'rule' can provide certainty of title and clarity, for example, where a boundary has existed in the wrong location for a long period of time. However, it can also be taken advantage of by'squatters', giving them the opportunity to acquire apparently vacant property.	+	This 'rule' can provide certainty of title and clarity, for example, where a boundary has existed in the wrong location for a long period of time. However, it can also be taken advantage of by 'squatters', giving them the opportunity to acquire apparently vacant property.

	Before the Land Registration Act 2002 came into force, squatters could acquire the right to be registered as the owner of registered land if they had been in adverse possession of the land for 12 years.		Before the Land Registration Act 2002 came into force, squatters could acquire the right to be registered as the owner of registered land if they had been in adverse possession of the land for 12 years.

Editor at 10:10, 22 April 2024

2024-04-22T10:10:06Z

← Older revision		Revision as of 10:10, 22 April 2024
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−	~~[https://dlssolicitors.com/define/adverse-possession/~~ Adverse possession] is the occupation of land that belongs to someone else without permission.	+	Adverse possession is the occupation of land that belongs to someone else without permission.

	Under certain circumstances, adverse possession can allow the person in possession to acquire the right to be registered as the owner of the land. The reason for this is that when unregistered land is purchased, it can be difficult to establish whether the person who is selling it has legal title to it and so has the right to sell it; furthermore, it can be difficult to determine whether the person who sold it to them had the right to sell it, and so on and so forth.		Under certain circumstances, adverse possession can allow the person in possession to acquire the right to be registered as the owner of the land. The reason for this is that when unregistered land is purchased, it can be difficult to establish whether the person who is selling it has legal title to it and so has the right to sell it; furthermore, it can be difficult to determine whether the person who sold it to them had the right to sell it, and so on and so forth.

Pwootton at 10:01, 22 April 2024

2024-04-22T10:01:59Z

Designing Buildings at 08:51, 1 November 2020

2020-11-01T08:51:59Z

← Older revision		Revision as of 08:51, 1 November 2020
Line 46:		Line 46:
	* Rex Cowell Solicitors - Heaney v Kirkby		* Rex Cowell Solicitors - Heaney v Kirkby

−	[[Category:Property_law]]	+	[[Category:DCN_Case_Law]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Policy]] [[Category:Property_law]]

Editor at 14:43, 9 June 2018

2018-06-09T14:43:25Z

← Older revision		Revision as of 14:43, 9 June 2018
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	* Commonhold.		* Commonhold.
		+	* How to evict a tenant.
	* Land acquisition.		* Land acquisition.
	* Land registry.		* Land registry.

Editor at 16:44, 27 February 2018

2018-02-27T16:44:27Z

← Older revision		Revision as of 16:44, 27 February 2018
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	If the application is rejected but the squatter remains in adverse possession for two more years, they may then be able to reapply and will be registered as the owner whether or not anyone opposes the application. This gives the registered owner 2 years to begin proceedings to have the squatter removed from the land.		If the application is rejected but the squatter remains in adverse possession for two more years, they may then be able to reapply and will be registered as the owner whether or not anyone opposes the application. This gives the registered owner 2 years to begin proceedings to have the squatter removed from the land.

−	NB Since September 1st 2012 squatting in residential premises is a criminal offence punishable by a prison sentence of up to six months or a fine of up to £5,000. This is as a result of Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 coming into force. Commercial premises owners will not be able to rely upon this new legislation if faced with squatters in their premises. They will therefore have to continue to rely upon existing civil procedures to evict squatters unless they commit a criminal offence.	+	NB: Since September 1st 2012 squatting in residential premises is a criminal offence punishable by a prison sentence of up to six months or a fine of up to £5,000. This is as a result of Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 coming into force. Commercial premises owners will not be able to rely upon this new legislation if faced with squatters in their premises. They will therefore have to continue to rely upon existing civil procedures to evict squatters unless they commit a criminal offence.

	-----		-----
Line 34:		Line 34:

	* Commonhold.		* Commonhold.
		+	* Land acquisition.
	* Land registry.		* Land registry.
	* Leasehold.		* Leasehold.

Designing Buildings at 11:42, 2 February 2018

2018-02-02T11:42:51Z

← Older revision		Revision as of 11:42, 2 February 2018
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	* Land registry, [http://www.landregistry.gov.uk/professional/guides/practice-guide-4#sthash.eAASjoVG.dpuf Practice Guide 4 – Adverse possession of registered land].		* Land registry, [http://www.landregistry.gov.uk/professional/guides/practice-guide-4#sthash.eAASjoVG.dpuf Practice Guide 4 – Adverse possession of registered land].
−	* Rex Cowell Solicitors - ~~[https://rexcowellsolicitors.com/news/pensioner-scores-grass-verge-%E2%80%9Csquatters-rights%E2%80%9D-victory~~ Heaney v Kirkby]	+	* Rex Cowell Solicitors - Heaney v Kirkby

	[[Category:Property_law]]		[[Category:Property_law]]

Editor at 14:49, 3 August 2016

2016-08-03T14:49:12Z

← Older revision		Revision as of 14:49, 3 August 2016
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−
	Adverse possession is the occupation of land that belongs to someone else without permission.		Adverse possession is the occupation of land that belongs to someone else without permission.

Line 13:		Line 12:

	The new procedure is outlined below:		The new procedure is outlined below:
−	*After 10 years, the squatter can apply to be registered as proprietor of the land.	+
−	*The registered proprietor is notified of the application.	+	* After 10 years, the squatter can apply to be registered as proprietor of the land.
−	*If the application is not opposed, the squatter is registered as proprietor.	+	* The registered proprietor is notified of the application.
−	*If the application is opposed, it is rejected. There are exceptions to this, for example if the squatter is an adjacent land owner under and mistakenly believe they are the owner of the land that they are in adverse possession of. See Land registry, [http://www.landregistry.gov.uk/professional/guides/practice-guide-4#sthash.eAASjoVG.dpuf Practice Guide 4 – Adverse possession of registered land] for more information.	+	* If the application is not opposed, the squatter is registered as proprietor.
		+	* If the application is opposed, it is rejected. There are exceptions to this, for example if the squatter is an adjacent land owner under and mistakenly believe they are the owner of the land that they are in adverse possession of. See Land registry, [http://www.landregistry.gov.uk/professional/guides/practice-guide-4#sthash.eAASjoVG.dpuf Practice Guide 4 – Adverse possession of registered land] for more information.

	If the application is rejected but the squatter remains in adverse possession for two more years, they may then be able to reapply and will be registered as the owner whether or not anyone opposes the application. This gives the registered owner 2 years to begin proceedings to have the squatter removed from the land.		If the application is rejected but the squatter remains in adverse possession for two more years, they may then be able to reapply and will be registered as the owner whether or not anyone opposes the application. This gives the registered owner 2 years to begin proceedings to have the squatter removed from the land.

−	NB Since September 1st 2012 squatting in residential premises is a criminal offence punishable by a prison sentence of up to six months or a fine of up to £5,000. This is as a result of Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 coming into force. Commercial premises owners will not be able to rely upon this new legislation if faced with squatters in their premises. They will therefore have to continue to rely upon existing civil procedures to evict squatters unless they commit a criminal offence	+	NB Since September 1st 2012 squatting in residential premises is a criminal offence punishable by a prison sentence of up to six months or a fine of up to £5,000. This is as a result of Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 coming into force. Commercial premises owners will not be able to rely upon this new legislation if faced with squatters in their premises. They will therefore have to continue to rely upon existing civil procedures to evict squatters unless they commit a criminal offence.
		+
		+	-----
		+	In the case of Heaney v Kirkby, an elderly woman established ownership of a grass verge outside her home which she had tended as part of her garden for many years.
		+
		+	After purchasing her home in 1999, the woman set about beautifying the verge and installing two car parking spaces. She imported 12 tons of topsoil, seeded the verge with grass and put in place a coping stone bearing the name of her home. In 2012, however, her neighbour succeeded in obtaining paper title to the verge, which had never previously been registered to any owner. He purported to forbid her to make any further use of it, whether for parking or otherwise.
		+
		+	She successfully argued before the First-Tier and Upper Tribunals that she had, as of right, been in unchallenged possession of the verge for years and that its registered title should therefore be transferred to her. In rejecting her neighbour’s challenge to that result, the Court of Appeal found that she had been in adverse possession of the verge for the required 12-year period and was entitled to call it her own.

	= Find out more =		= Find out more =

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Commonhold.~~<br/>~~	+
−	*Land registry.	+	* Commonhold.
−	*Leasehold.	+	* Land registry.
−	*Squatters.	+	* Leasehold.
−	*Trespass.	+	* Squatters.
		+	* Trespass.

	=== External references ===		=== External references ===
−	*Land registry, [http://www.landregistry.gov.uk/professional/guides/practice-guide-4#sthash.eAASjoVG.dpuf Practice Guide 4 – Adverse possession of registered land].	+
		+	* Land registry, [http://www.landregistry.gov.uk/professional/guides/practice-guide-4#sthash.eAASjoVG.dpuf Practice Guide 4 – Adverse possession of registered land].
		+	* Rex Cowell Solicitors - [https://rexcowellsolicitors.com/news/pensioner-scores-grass-verge-%E2%80%9Csquatters-rights%E2%80%9D-victory Heaney v Kirkby]

	[[Category:Property_law]]		[[Category:Property_law]]

Designing Buildings at 09:27, 13 July 2014

2014-07-13T09:27:12Z

← Older revision		Revision as of 09:27, 13 July 2014
Line 29:		Line 29:
	*Leasehold.		*Leasehold.
	*Squatters.		*Squatters.
		+	*Trespass.

	=== External references ===		=== External references ===

Designing Buildings at 13:31, 12 July 2014

2014-07-12T13:31:46Z

← Older revision		Revision as of 13:31, 12 July 2014
Line 25:		Line 25:

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
		+	*Commonhold.<br/>
	*Land registry.		*Land registry.
		+	*Leasehold.
	*Squatters.		*Squatters.

← Older revision		Revision as of 10:01, 22 April 2024
Line 1:		Line 1:
−	Adverse possession is the occupation of land that belongs to someone else without permission.	+	[https://dlssolicitors.com/define/adverse-possession/ Adverse possession] is the occupation of land that belongs to someone else without permission.

−	Under certain circumstances, adverse possession can allow the person in possession to acquire the right to be registered as the owner of the land. The reason for this is that when unregistered land is purchased, it can be difficult to establish whether the person ~~that~~ is selling it, has legal title to it, and so has the right to sell it, ~~furthermore~~ it can be difficult to determine whether the person ~~that~~ sold it to them had the right to sell it, and so on and so on.	+	Under certain circumstances, adverse possession can allow the person in possession to acquire the right to be registered as the owner of the land. The reason for this is that when unregistered land is purchased, it can be difficult to establish whether the person who is selling it has legal title to it and so has the right to sell it; furthermore, it can be difficult to determine whether the person who sold it to them had the right to sell it, and so on and so forth.

−	The ‘twelve year rule’ means that if a person has been in possession of unregistered land for 12 years, then they can acquire legal title to the land. This means that subsequent purchasers can have certainty about their title. The obligation on owners is to check their land at least every 12 years.	+	The ‘twelve-year rule’ means that if a person has been in possession of unregistered land for 12 years, then they can acquire legal title to the land. This means that subsequent purchasers can have certainty about their title. The obligation on owners is to check their land at least every 12 years.

−	This 'rule' can provide certainty of title, and clarity, for example where a boundary has existed in the wrong location for a long period of time. However, it can also be taken advantage of by ~~‘squatters’~~ giving them the opportunity to acquire apparently vacant property.	+	This 'rule' can provide certainty of title and clarity, for example, where a boundary has existed in the wrong location for a long period of time. However, it can also be taken advantage of by'squatters', giving them the opportunity to acquire apparently vacant property.

	Before the Land Registration Act 2002 came into force, squatters could acquire the right to be registered as the owner of registered land if they had been in adverse possession of the land for 12 years.		Before the Land Registration Act 2002 came into force, squatters could acquire the right to be registered as the owner of registered land if they had been in adverse possession of the land for 12 years.
Line 13:		Line 13:
	The new procedure is outlined below:		The new procedure is outlined below:

−	* After 10 years, the squatter can apply to be registered as proprietor of the land.	+	* After 10 years, the squatter can apply to be registered as the proprietor of the land.
	* The registered proprietor is notified of the application.		* The registered proprietor is notified of the application.
−	* If the application is not opposed, the squatter is registered as proprietor.	+	* If the application is not opposed, the squatter is registered as a proprietor.
−	* If the application is opposed, it is rejected. There are exceptions to this, for example if the squatter is an adjacent ~~land owner under~~ and mistakenly ~~believe~~ they are the owner of the land that they are in adverse possession of. See Land ~~registry,~~ [http://www.landregistry.gov.uk/professional/guides/practice-guide-4#sthash.eAASjoVG.dpuf Practice Guide 4 – Adverse possession of registered land] for more information.	+	* If the application is opposed, it is rejected. There are exceptions to this, for example, if the squatter is an adjacent landowner and mistakenly believes they are the owner of the land that they are in adverse possession of. See Land Registry [http://www.landregistry.gov.uk/professional/guides/practice-guide-4#sthash.eAASjoVG.dpuf Practice Guide 4 – Adverse possession of registered land] for more information.

	If the application is rejected but the squatter remains in adverse possession for two more years, they may then be able to reapply and will be registered as the owner whether or not anyone opposes the application. This gives the registered owner 2 years to begin proceedings to have the squatter removed from the land.		If the application is rejected but the squatter remains in adverse possession for two more years, they may then be able to reapply and will be registered as the owner whether or not anyone opposes the application. This gives the registered owner 2 years to begin proceedings to have the squatter removed from the land.

−	NB: Since September 1st 2012 squatting in residential premises is a criminal offence punishable by a prison sentence of up to six months or a fine of up to £5,000. This is as a result of Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 coming into force. Commercial premises owners will not be able to rely upon this new legislation if faced with squatters in their premises. They will therefore have to continue to rely upon existing civil procedures to evict squatters unless they commit a criminal offence.	+	NB: Since September 1st, 2012, squatting on residential premises has been a criminal offence punishable by a prison sentence of up to six months or a fine of up to £5,000. This is as a result of Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 coming into force. Commercial premises owners will not be able to rely upon this new legislation if faced with squatters on their premises. They will therefore have to continue to rely upon existing civil procedures to evict squatters unless they commit a criminal offence.

	-----		-----
−	In the case of Heaney v Kirkby, an elderly woman established ownership of a grass verge outside her home which she had tended as part of her garden for many years.	+	In the case of Heaney v. Kirkby, an elderly woman established ownership of a grass verge outside her home, which she had tended as part of her garden for many years.

−	After purchasing her home in 1999, the woman set about beautifying the verge and installing two car parking spaces. She imported 12 ~~tons~~ of topsoil, seeded the verge with grass and put in place a coping stone bearing the name of her home. In 2012, however, her neighbour succeeded in obtaining paper title to the verge, which had never previously been registered to any owner. He purported to forbid her to make any further use of it, whether for parking or otherwise.	+	After purchasing her home in 1999, the woman set about beautifying the verge and installing two car parking spaces. She imported 12 tonnes of topsoil, seeded the verge with grass, and put in place a coping stone bearing the name of her home. In 2012, however, her neighbour succeeded in obtaining the paper title to the verge, which had never previously been registered with any owner. He purported to forbid her to make any further use of it, whether for parking or otherwise.

	She successfully argued before the First-Tier and Upper Tribunals that she had, as of right, been in unchallenged possession of the verge for years and that its registered title should therefore be transferred to her. In rejecting her neighbour’s challenge to that result, the Court of Appeal found that she had been in adverse possession of the verge for the required 12-year period and was entitled to call it her own.		She successfully argued before the First-Tier and Upper Tribunals that she had, as of right, been in unchallenged possession of the verge for years and that its registered title should therefore be transferred to her. In rejecting her neighbour’s challenge to that result, the Court of Appeal found that she had been in adverse possession of the verge for the required 12-year period and was entitled to call it her own.
Line 44:		Line 44:

	* Land registry, [http://www.landregistry.gov.uk/professional/guides/practice-guide-4#sthash.eAASjoVG.dpuf Practice Guide 4 – Adverse possession of registered land].		* Land registry, [http://www.landregistry.gov.uk/professional/guides/practice-guide-4#sthash.eAASjoVG.dpuf Practice Guide 4 – Adverse possession of registered land].
−	* Rex Cowell Solicitors - Heaney v Kirkby	+	* Rex Cowell Solicitors, Heaney v Kirkby

	[[Category:DCN_Case_Law]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Policy]] [[Category:Property_law]]		[[Category:DCN_Case_Law]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Policy]] [[Category:Property_law]]